Thirty-fifth annual report of the Local Government Board for Ireland, for the year ending 31st March 1907

Back to Search Bibliographic Data Print
.


IV Local Oovernment {Ireland) Acts.


The declaration and scheme adopted by the Antrim County
Council for working about 16 miles of roads in the Lisburn Rural
District by direct labour expired in June, 1906. The Council
have made a fresh declaration and scheme embracing the same
mileage of roads in this rural district, but in connection with the
new scheme the County Surveyor reports as follows;—
'â–  1 anticipate that there will be a saving in the annual cost per
mile in the scheme for direct labour at present in operation in
Lisburn Rural District am compared with the cost per mile of the
previous scheme."


Copies of Orders which we made during the past year in con¬
nection with direct labour schemes will be found in the Appendix.*


(c.) l/am Road Declarations.


Local Government {Ireland) Act, 1898, Section 8.


Since the issue of our last Report several County Councils have
reconsidered the main road declarations originally made by them.
A question of considerable importance has arisen in connection
with such declarations, viz., whether a County Council have any
legal power to make a declaration that there shall be no main
roads in their county. Fermanagh County Council having made
such a declaration, and an appeal having been lodged against
it, the question of its validity was raised at the inquiry
we directed in the matter. Counsel, to whom reference was made
by the local authority, was of opinion that a no main road declara¬
tion was not invalid, but a(, the same time was inclined to think
that the Legislature contemplated that there should continue to
be main roads. Other eminent counsel, however, doubted
whether a no main road declaration was not ultra vires, and
considered that the Act cleaily contemplated that there should
be some main roads in every county. We concur in the latter
view, and a,s the result of the inquiry we decided to modify the
declaration made by the County Council.


With regard to the final declaration of no main roads made by
the Tipperary (South Riding) County Council, to which reference
was made in our last Report, we field an inquiry into the appeals
lodged against it, and, after careful consideration of the evidence,
we decided to upiiofd the appeals, and have made an Order
declaring main roads in the county. A copy of the Order will
be found in the Appendix.!


In the case of Clare a similar declaration of no main roads was
made. Appeals were lodged against it, and, after inquiry, we
decided that the appeals should be upheld, and an Order has iDeen
made declaring certain main roads in that county.


The Wexford County Council made a new declaration of no
main roads, but, as it was not appealed against, we had no au¬
thority to intervene, and the declaration remains in force.


• Sep 13 et seq, Sep page S3